THE ACTIVESTATE® PLATFORM TERMS OF USE AND SERVICE …

ACTIVESTATE PLATFORM FREE TIER TERMS OF SERVICE (FTOS)

ver. October 21, 2022

THESE TERMS AND CONDITIONS ("AGREEMENT") APPLY TO ANY THIRD PARTY, WHO INSTALLS, DOWNLOADS, AND/OR USES THE SERVICE ("CUSTOMER or YOU or YOUR"). PLEASE CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE SELECTING "I AGREE" OR "I ACCEPT" IN REFERENCE TO THIS AGREEMENT, AS THEY DEFINE YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE SERVICE. BY SELECTING "I AGREE" OR "I ACCEPT" OR INSTALLING, DOWNLOADING OR USING THE SERVICE IN ANY MANNER, YOU AGREE TO BE BOUND BY AND TO BECOME A PARTY TO THIS AGREEMENT.

ActiveState Software Inc., ("ActiveState or We or Us or Our") and You agree that this Agreement shall be applicable from the date of acceptance ("Effective Date") of this Agreement.

1. DEFINITIONS 1.1 "ActiveState Platform" refers to ActiveState's ActiveState Platform located at and all

content, services, Runtimes, Komodo, and any or all products provided by ActiveState at or through the ActiveState Platform. It also refers to ActiveState-owned subdomains of . Occasionally, websites and or products owned by ActiveState may provide different or additional terms of service. If those additional terms conflict with this Agreement, the more specific terms apply to the relevant page or service. 1.2 "Concurrent Runtime Subscriptions" means the total number of Runtimes that are permanently installed or being used regularly and concurrently on a Node. 1.3 "Confidential Information" shall have the same meaning as ascribed in Section 9. 1.4 "Content" refers to content featured or displayed through the ActiveState Platform, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the ActiveState Platform or otherwise available through the Service. Content also includes Services. 1.5 "Fork/Forked" means allowing others to view and copy Your Platform Content from Your projects in projects they control. 1.6 "Free Tier" means as described in ActiveState pricing page which is found at: . 1.7 "Machine Account(s)" means an account set up by an individual human who accepts the Terms on behalf of the account, provides a valid email address, and is responsible for its actions. A machine account is used exclusively for performing automated tasks. Multiple users may direct the actions of a machine account, but the owner of the account is ultimately responsible for the machine's actions. 1.8 "Node" means a single installation of an Operating System running on a machine (virtual or physical) that is capable of utilizing a Runtime. 1.9 "Operating System" means supported platform for using Services offered by ActiveState. 1.10 "Personal Information or Personal Data or PI" means User-name, User email address, User IP address, and the date and time of User's access to the ActiveState Platform. 1.11 "Runtime" means a collection of open-source components and or other components provided by ActiveState in compiled form (if needed) that must be present in order to perform an activity. Examples of activities shall include but are not limited to development, running an application, using a language interpreter, linting, reformatting or compiling source code, executing code, updating dependencies or interpreters via ActiveState's or third-party command line interface ("CLI"), installing additional dependencies via CLI and or any other deployment methodologies offered by the ActiveState Platform. For Customers with agreements that include the definition of Active Runtime and Static Runtime; those definitions are included under this definition of Runtime. 1.12 "Runtime Creator" means a User who uses the Service to create a Runtime 1.13 "Runtime Consumer '' means a User, Machine Account, and or anonymous user of the Service who consumes a Runtime created by the Runtime Creator. 1.14 "Service" means the applications, software, products, Runtimes, and services provided by ActiveState and the ActiveState Platform.

ACTIVESTATE PLATFORM FREE TIER TERMS OF SERVICE ASFTOS102122

Page 1 of 8

1.15 "Term" means the time period during which a Customer uses the Service. Term starts when a Customer makes an account and accepts this Agreement and ends when their usage is either terminated or suspended under this Agreement.

1.16 "Third Party Content" means Content that You did not create or do not own and then post to, or otherwise make available on, the Service, including the ActiveState Platform.

1.17 "User(s)" means the users of the ActiveState Platform including a Customer, You, or Your. 1.18 "User Data" means all information and data collected by the ActiveState Platform or otherwise transmitted by

the ActiveState Platform to ActiveState and or by other ActiveState products, including any metadata, metrics, statistics, or other information relating to the performance, operations, resource, health, or other conditions of the ActiveState Platform and or resulting Runtimes created by the ActiveState Platform, any component thereof (including third party components), host names, interpreter used, and system architecture, which includes filenames, full path, file size, and content hash. 1.19 "User Data License" means a royalty-free, perpetual, irrevocable, transferable, worldwide non-exclusive right to reproduce, analyze, review, process, diagnose, or otherwise use the User Data (in whole or in part) for the purpose of supporting, maintaining, and providing the Service, and any related services provided by ActiveState relating to the Service. 1.20 "Your Platform Content or Platform Content" means Content that you create or own and then post to, or otherwise make available on, the Service, including the ActiveState Platform. Your Platform Content would include, but is not limited to, any open-source components of the User that User may elect to use in conjunction with the Platform or any output of any User program using a runtime built on the Platform as part of the Service. Your Platform Content should not include any proprietary source code that User wishes to keep confidential.

2. ACCOUNT TERMS

2.1 To use certain features of our Service, You must provide a valid email address. ActiveState Platform does not

require and collect any PI during the signup process.

2.2 The following rules shall apply to usage of the Service by a User:

i.

You must be a human to create an account. Accounts registered by "bots" or other automated methods

are not permitted. We do permit Machine Accounts. You may maintain no more than one free Machine

Account in addition to your free personal account.

ii.

One person shall only maintain one free account (Machine Account can only be used for running a

machine).

iii. You must be aged 13 years or older. ActiveState reserves the right to terminate any account made by a

User under the age of 13. If You are a resident of a country outside the United States or Canada, You

are responsible for complying with Your country's laws.

iv. Your login may only be used by one person i.e., a single login may not be shared by multiple people.

v.

You are responsible for keeping Your account secure while You use Our Service.

vi. You are responsible for all content posted and activity that occurs under Your account.

vii. You are responsible for maintaining the security of Your account and password. You will promptly

notify Us if You become aware of any unauthorized use of, or access to Our Service through Your

account, including any unauthorized use of Your password or account.

3. ACCEPTABLE USE

3.1 Your use of the Service must not violate any applicable laws, including copyright or trademark laws, export

control laws, or other laws in your jurisdiction. You are responsible for making sure that Your use of the Service

complies with any applicable laws and regulations.

3.2 You may create or upload Your Platform Content and or Third Party Content while using the Service. You are

solely responsible for that Content and for any harm resulting from any Content that You post, upload, link to or

otherwise make available via the Service. We are not responsible for any public display, illegal use, or other

form of Content misuse that You may commit via the Service.

3.3 You agree that You will not under any circumstances upload, post, host, or transmit any Content that:

i.

is unlawful or promotes unlawful activities; prohibited by local laws and regulations; contains sexually

obscene content; libelous, defamatory, or fraudulent; discriminatory or abusive toward any individual

or group;

ii.

contains or installs any active malware or exploits, or uses Our platform for exploit delivery (such as

part of a command and control system);

ACTIVESTATE PLATFORM FREE TIER TERMS OF SERVICE ASFTOS102122

Page 2 of 8

iii. infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right

of publicity, or other rights;

iv. impersonates another person or entity, or falsify or delete any author attributions, legal or other proper

notices or proprietary designations or labels of the origin or source of software or other material;

v.

restricts or inhibit any other user from using and enjoying the Service;

vi. interferes with or disrupts the Service or servers or networks connected to the Service or disobey any

requirements, procedures, policies or regulations of networks connected to the Services;

vii. creates User Accounts by automated means or under false or fraudulent pretenses; or

viii. transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature.

3.4 You may not access the Service for the purpose of monitoring its availability, performance and functionality, or

for any other benchmarking or competitive purposes.

3.5 You agree that You are responsible for Your own conduct and content while using the Service and for any

consequences thereof.

3.6 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service,

or access to the Service without ActiveState's express written permission.

3.7 You agree not to use the Service directly or indirectly with any external or a third party. For the avoidance of

doubt any external use of the Service or any use of the Service with the intent to commercially benefit from the

Service either directly or indirectly or making the Service a part of the larger offering or including the direct or

indirect installation of the Service.

3.8 If we determine that Your bandwidth, storage, and or compute usage to be significantly excessive in relation to

other Users, we reserve the right to suspend Your account or throttle Your usage of the Service until You can

reduce Your resource consumption and alternatively qualify to the next tiered usage.

3.9 We do not pre-screen Content posted or otherwise made available on the Service by Users, but we have the right

(though not the obligation) to refuse or remove any such Content that, in our sole discretion, violates any

ActiveState terms or policies.

4. LICENSE GRANTS

4.1 You retain ownership of and responsibility of Your Platform Content that You create or own and then post to,

or otherwise make available on, the Service. You will be fully liable and responsible for any Third Party Content

You post to the ActiveState Platform, including any and all Content that You did not create or do not own the

rights to.

4.2 You acknowledge, agree, and expressly consent to ActiveState's collection of Your User Data through the

Service. ActiveState does not claim ownership of any User Data. You hereby grant to ActiveState and its

sublicensees User Data License. ActiveState will not disclose the User Data to any third parties and will only

use the User Data in accordance with the User Data License, except that ActiveState may provide Your User

Data to third parties providing services relating to the Service under terms and conditions substantially similar

to those in this Agreement.

4.3 In addition to the rights granted under the User Data License, You acknowledge and agree that ActiveState has

the right to:

i.

publicly disclose, in any manner whatsoever, User Data that have been anonymized; and

ii.

review or analyze the User Data and publicly disclose any results of such review or analysis, including

in the form of reports, blog posts, newsletters, marketing materials, or otherwise, provided You will not

be identified in such publicly disclosed materials.

4.4 You shall grant Us and other ActiveState Users certain legal rights to Your Platform Content without any

consideration. The licenses You grant to us will end when You remove Your Platform Content from Our servers,

unless other Users have Forked it. We need these rights to host Your Platform Content, publish it, and share it.

4.5 You grant us and our legal successors the right to store, parse, and display Your Platform Content, and make

incidental copies as necessary to render and provide the Service. This includes the right to copy it to our database

and make backups; show it to You and other Users; parse it into a search index or otherwise analyze it on Our

servers; share; and perform it, in case Your Platform Content is music or a video. This User Data License grants

ActiveState the right to commercialize Your Platform Content and/or Third Party Content or otherwise distribute

or use it within the provision of the Service.

4.6 Your Platform Content that You post publicly on the Service, including issues, comments, and contributions to

other Users' projects, may be viewed by others Users. You agree to allow others right to Fork. You grant each

User of ActiveState a non-exclusive, worldwide license to use, display, and perform Your Platform Content

through the Service and to reproduce Your Platform Content solely on ActiveState as permitted through

ACTIVESTATE PLATFORM FREE TIER TERMS OF SERVICE ASFTOS102122

Page 3 of 8

ActiveState's functionality. You shall be solely responsible to comply with Third Party Content license terms permitting such Third Party Content for use by all Users of the Service. 4.7 You hereby agree that You have the right to license and You hereby license Your contributions to a project containing notice of a license under the same terms. If You have a separate agreement to license Your contributions under different terms, such as a contributor license agreement, that agreement will supersede.

5. CONCURRENT RUNTIME SUBSCRIPTIONS 5.1 The total number of Services to be used by the Customer shall be measured as a unit of Concurrent Runtime

Subscriptions. By using the Service, the number of Runtime Consumers that can consume the Runtime is limited by the number of Concurrent Runtime Subscriptions licenses available to the Runtime Creator of the Runtime based on the Free Tier terms specified further in section 5.2 below. 5.2 If You create a Runtime using the Service the maximum number of free Concurrent Runtime Subscriptions that You or other Runtime Consumers can use under this Agreement as a Runtime Creator is 3 Concurrent Runtime Subscriptions. If You are a company or an organization or its affiliates or subsidiaries ("Org"), shall be measured by the number of times the Org's domain name is used to create a Runtime and the maximum number of Runtime Consumers of the Concurrent Runtime Subscriptions is limited to 9 Concurrent Runtime Subscriptions by the Org (the "Usage Cap"). Additional Concurrent Runtime Subscriptions for Runtime Creators may be purchased by paying the applicable fees and upgrading to the Team Tier or Enterprise Tier. If you are a Runtime Consumer you may use unlimited Runtimes from the Service. ActiveState has a usage philosophy that the creator of the Runtime - the Runtime Creator - pays for the Service, whereas the consumer of the Runtime - the Runtime Consumer - is free to use the Service for unlimited consumption (subject to the thresholds put in place by the creator of the Runtime). Runtime Creators of eligible open-source projects may have unlimited Concurrent Runtime Subscriptions, see Exhibit A for details.

6. OWNERSHIP AND MORAL RIGHTS 6.1 You retain all moral rights to Your Platform Content that you upload, publish, or submit to any part of the

Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the rights granted in this Agreement. 6.2 To the extent this Agreement is not enforceable by applicable law, you grant ActiveState the rights needed to use Your Platform Content without attribution and to make reasonable adaptations of Your Platform Content as necessary to render the ActiveState Platform and provide the Service. 6.3 If You believe that content of Our website violates Your copyright, please contact Us at support@. Before sending a takedown request, You must consider legal uses such as fair use and licensed uses. We will terminate the Users that repeatedly misuses this Section. 6.4 You exclusively own all right, title and interest in and to all of Your User Data. You will be solely responsible for the accuracy, quality, integrity, legality and acquisition of Your User Data.

7. OWNERSHIP OF SERVICE 7.1 Subject to the limited rights expressly granted hereunder, ActiveState reserves all right, title and interest in and

to the Service and retains ownership of all intellectual property rights of any kind related to the Service. We reserve all rights that are not expressly granted to You under this Agreement or by law. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from ActiveState. 7.2 Any trademarks, logos and ActiveState marks displayed on the ActiveState sites are the property of their owners, whether ActiveState or third parties. If You would like to use ActiveState's trademarks, You must follow all of Our trademark guidelines and seek written permission from ActiveState prior to use of any of ActiveState's trademarks.

8. RESTRICTIONS

8.1 You shall not create derivative works based on the Service; copy, frame or mirror any part or content of the

Service; reverse engineer the Service; or access the Service in order to build a competitive product; or copy any

features, functions or graphics of the Service; or permit any third party to access the Service.

8.2 You shall not remove or obscure any proprietary rights notices or labels related to the Service.

8.3 You shall not use the Service:

i.

in excess of the Usage Cap on any computing device in whatever form or manner, whether physical or

virtual and external or internal-facing;

ACTIVESTATE PLATFORM FREE TIER TERMS OF SERVICE ASFTOS102122

Page 4 of 8

ii.

on any operating systems other than Windows, MacOS and Linux;

iii. on computing devices used for file and/or application serving;

iv. on any computing devices used for business continuity and disaster recovery; or to provide content or

functionality through external-facing servers or internal-facing servers.

9. OPEN-SOURCE SOFTWARE 9.1 The Service may include or use open-source software components and/or You may utilize additional open-source

software components from the Service, each of which is licensed to You under its own applicable license terms and conditions, which can be found in the license file or the corresponding source files for such software component. Nothing in this Agreement limits or grants You rights that supersede the terms of any applicable open-source software license for the applicable open-source components. You are responsible for complying with open-source license requirements.

10. CONFIDENTIAL INFORMATION

10.1 Each party acknowledges that, while performing its duties under this Agreement, it may obtain information

relating to the other party, which is of a confidential and proprietary nature ("Confidential Information"). Such

Confidential Information may include, but is not limited to, pricing and proposals; any intellectual property

including but not limited to computer software, trade secrets, know-how, inventions, techniques, processes,

programs, schematics; data; customer lists; financial information; and sales and marketing plans. Each party shall

at all times maintain in the strictest confidence and trust all such Confidential Information, which shall not be

less than those measures employed by each party in protecting its own Confidential Information of equivalent

value. Customer and its employees agree not to disclose such information to any third party.

10.2 The commitments set forth above shall not apply to any Confidential Information which:

i.

is now generally known or available or which hereafter through no act or failure on the part of the

receiving party becomes generally known or available;

ii.

is legally known to the receiving party at the time of receiving such information;

iii. is hereafter furnished to the receiving party by a third party without restriction on disclosure, where

such third party legally obtained such information and the right to disclose it to the receiving party; or

iv. is independently developed by the receiving party without violation of any legal rights which the

disclosing party may have in such information.

10.3 Both Parties agree that all Confidential Information disclosed hereunder shall remain the property of the discloser

and may only be copied or reproduced as expressly permitted herein. Upon expiration or termination of this

Agreement, Recipient shall return all Confidential Information to discloser along with all copies and portions

thereof or certify in writing that all such Confidential Information has been destroyed. No license, express or

implied, in the Confidential Information is granted other than to use the Confidential Information in the manner

and to the extent authorized by this Agreement. All Confidential Information disclosed hereunder is provided by

discloser without representation or warranty of any kind. The provisions of this Section 13 shall survive the

expiration or termination of this Agreement for a period of three (3) years.

11. API TERMS 11.1 Abuse or excessively frequent requests to ActiveState via the API may result in the temporary or permanent

suspension of Your account's access to the API. ActiveState in its sole discretion will determine abuse or excessive usage of the API. We will make a reasonable attempt to warn You via email prior to suspension. 11.2 You may not share API tokens to exceed ActiveState's rate limitations. 11.3 You may not use the API to download data or Content from ActiveState for spamming purposes, including for the purposes of selling ActiveState Users' personal information to recruiters, headhunters, and job boards. 11.4 All use of the ActiveState API is subject to this Agreement. 11.5 ActiveState may offer subscription-based access to API for those Users who require high-throughput access or access that would result in resale of ActiveState's Service.

12. TERMINATION 12.1 It is your responsibility to properly cancel Your account with ActiveState. You can cancel Your account at any

time by sending an email to support@ requesting cancellation of your account. 12.2 Except for our obligation to comply with legal obligations, Our back up procedures, resolve disputes, and enforce

our agreements, we will delete Your full profile and the Content of Your projects within 90 days of cancellation or termination. This information cannot be recovered once your account is cancelled. We will not delete Content

ACTIVESTATE PLATFORM FREE TIER TERMS OF SERVICE ASFTOS102122

Page 5 of 8

 ................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download